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EXCHANGE BANK OF GIBBON v. ASHLEY

No. 39030.

214 N.W.2d 632 (1974)

191 Neb. 259

EXCHANGE BANK OF GIBBON, Nebraska, a Nebraska corporation, Appellee, v. Charles ASHLEY and Patricia Ashley, husband and wife, Appellants.

Supreme Court of Nebraska.

February 7, 1974.

Attorney(s) appearing for the Case

Andrew J. McMullen, Kearney, for appellants.

Tye Worlock, Tye, Jacobsen & Orr, Kenneth C. Fritzler, Kearney, for appellee.

Heard before WHITE, C. J., McCOWN and NEWTON, JJ., and LYNCH and WARREN, District Judges.

LYNCH, District Judge.

The plaintiff, Exchange Bank of Gibbon, Nebraska, sued the defendant, Charles Ashley, for $21,058, plus interest, alleged to be due on three promissory notes executed by the defendant.

The defendant answered that the plaintiff had failed to give full credit for payments made and that plaintiff had repossessed certain property in satisfaction of the obligations. Defendant also cross-petitioned...

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